Credit card fraud is an economic crime. According to the relevant provisions of the "Criminal Law", whoever commits credit card fraud and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to five years in prison or criminal detention. The offender shall be sentenced to fixed-term imprisonment of not less than 10 years but not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan.
Legal Basis
Article 196 of the Criminal Law of the People's Republic of China
Carry out credit card fraud under any of the following circumstances , where the amount is relatively large, the sentence is to be not less than five years in prison or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; A fine of not less than 10,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:
(1) Using a forged credit card, or using a credit card fraudulently obtained with false identity certificates;
(2) Using an expired credit card;
(3) ) Pretending to use other people’s credit cards;
(4) Malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.
Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.